Judgment Search Results Home > Cases Phrase: high court and supreme court judges salaries and conditions of service amendment act 2009 section 4 insertion of new section 17b Court: kolkata

Pramatha Nath Mitter and Ors. Vs. Hon'ble the Chief Justice of the Hig ...

Court : Kolkata

Reported in : AIR1961Cal545,65CWN920

..... 7th schedule of the constitution provides :-'administration of justice: constitution and organisation of all courts, except supreme court and the high court: officers and servants of the high court: procedure in rent and revenue courts: fees taken in all courts except the supreme court.'15. this is then compared with item 77 of the union list i which ..... : there was the charter of 1774 establishing the supreme court. the supreme court was supplanted in 1861 by the high court of calcutta, but under the 1861 act, the high court, as inheriting the powers of the supreme court, continued to have the same authority and jurisdiction which the supreme court enjoyed, but subject to modifications if any made by ..... under the power to legislate with respect to administration of justice. clauses 37 and 38 of the charter establishing the supreme court at calcutta, section 9 of the high court act, 1861, sections 106, 108 and 112 of the government of india act 1915 and section 223 of the government .....

… Appellants Vs. The High Court Employees’ Welfare Association and ...

Court : Kolkata

..... upon with respect and unless there is very good reason not to grant approval, the approval should always be granted. . the supreme court noted in the case of the calcutta high court employees that the primary reason for the governor to refuse to approve the proposed draft rules containing the recommendations of the special pay ..... state cannot be compelled to accept the recommendations made by the special pay commission.23. considering the above parameters enunciated by the supreme court regarding fixation of the salaries, pay and allowances of high court employees, in our opinion, the learned single judge has not transgressed the boundaries. he has merely directed the state to continue ..... the president of india or the governor has been empowered to frame rules.57. so far as the supreme court and the high courts are concerned, the chief justice of india and the chief justice of the concerned high court, are empowered to frame rules subject to this that when the rules are framed by the chief .....

Justice Anandamoy Bhattacharjee Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1986)81ITD181(Kol.)

..... provisions, it is the learned departments representative argument, quite plain that income of the judge of the supreme court and the high courts is chargeable under the head 'salaries' under section 15. observations of the hon'ble supreme court in the aforesaid three cases cited by the learned counsel for the assessee, te learned departmental representative contended ..... 4,000, any other judge- rs. 3,500.further reference has been made by him to section 22d of the high court judges (conditions of service) act, 1954 and section 23d of the supreme court judges (conditions of service) act, 1958 which read as under : exemptionfrom liability to pay income-tax on certain perquisites ..... in employment of the union of india.9. furthermore, section 23d of the supreme court judges (conditions of service) act and section 22d of the high court judges (conditions of service) act make it abundantly clear that salary of a high court judge is his income chargeable under the head 'salaries' under section 15 of .....

Ballygunge Siksha Samity and ors. Vs. Ms. Susmita Basu and ors.

Court : Kolkata

Reported in : (2000)2CALLT484(HC),2000(1)CHN635

..... . government of goa, daman & diu : (1989)illj61sc .69. mr. pal lastly urged that the decision of the hon'ble supreme court in the haryana state adhyapak sangh case (supra) and that of the allahabad high court in smt. sushila srtvastava's case (supra), relied upon by mr. bhattacharjee, related to aided schools and schools brought under grant-in ..... dearness allowance as was being paid to teachers employed in government schools.57. similar views were expressed by the hon'ble supreme court in state of haryana & ors. v. rajpal sharma : (1996)iillj804sc and by the allahabad high court in the case of smt. sushila srivastava v. state of u.p. & ors. (1999 lab.ic page 2843) ..... the purpose of enforcement of fundamental rights under article 32, wide powers are conferred on the high courts under article 226 to issue writs for the enforcement of fundamental rights as well as non-fundamental rights. the hon'ble supreme court was also of the view that the words 'any person or authority' used in article 226 .....

Nurul Islam Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (2000)3CALLT355(HC)

..... was entitled to be appointed to the post but for the illegal decision of the screening committee which decision in the meantime has been reversed by the high court and that decision of the high court has reached its finality. the right of the appellant to be appointed against the post to which he has selected cannot be taken away on the pretext ..... the year 1977 and as per section 21(2)(a), this case suffers from limitation. this tribunal has no power to condone the delay as the hon'ble high court can, because the hon'ble high court enjoys its inherent power from the constitution. (c.n. loknathan v. union of india. (1989)9 atc 61; rs. shinghain v. union of india, atr ..... asked not to disturb the current functioning of the petitioner as on date till the first week of february, 1999.17. it appears that the matter is pending before the supreme court in writ petition (criminal) no. 312 of 1994 wherein some orders had been passed on 18.8.98. the petitioner was although not a party but it transpire .....

Commissioner of Income-tax Vs. R.M. Investment and Trading Co. (P.) Lt ...

Court : Kolkata

Reported in : [1994]209ITR121(Cal)

..... is extraneous to his function as a director then the overall ceiling limit of rs. 72,000 is not to operate. this principle has analogy with the principle which the supreme court has enunciated in bharat beedi works pvt. ltd. 's case : [1993]201itr1063(sc) .10. it is an admitted fact that the retention of mr. tapuria was a ..... rs. 72,000 per annum. the object behind the provisions of clause (c) of section 40 was to discharge and disallow payment of high salaries and remunerations which go ill with the norms of an egalitarian society. the supreme court in bharat beedi works pvt. ltd. v. cit (c. a. no. 1452 of 1987) : [1993]201itr1063(sc) had occasion to ..... by way of consideration for allowing the company to use the brand name belonging to the firm. the court found that the genuineness or the validity of the agreement between the assessee-company and the firm was not disputed. the supreme court observed that so long as the agreement whereunder the said payment was made was not held to be a .....

Amarendra Nath Roy Chowdhury Vs. Bikash Chandra Ghose and anr.

Court : Kolkata

Reported in : AIR1957Cal534,61CWN630

..... list; admiralty jurisdiction.' 'list ii -- state list. 3. administration of justice; constitution and organisation of all courts, except the supreme court and the high court; officers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court. 65. jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list. list iii -- concurrent list. 13. civil ..... constitution was amended and the amendment moved bydr. ambedkar which was adopted was as follows :'52 : constitution and organisation of the supreme court and the high court; jurisdiction and powers of the supreme court and fees taken therein; persons entitled to practise before the supreme court or any high court.'this forms the basis of entries 77. and 78 in list i, as they finally emerged. during the debate, strong .....

Sushil Kumar Das and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Kolkata

Reported in : (2006)(92)SLJ179CAT

..... finance om no. 19048/7/80-e.iv.dated 8.10.87 circulating the guidelines in the matter of fixation of pay and other terms of retired judges of the supreme court/high courts on their appointment on commission/committee of inquiries etc. (vide page 300 of "swamy's annual 1987"), the pay is to be fixed in such a manner so ..... orders of re-employed pensioners, there are also govt. orders for fixation of pay of judges of supreme court/high courts who are also not functioning in connection with affairs of union, which provides that in case of a retired judge of high court or supreme court appointed to a new assignment, the total pay plus pension should not exceed rs 26000.now if the ..... which under the rules has been indicated to be equal to the salary of the judge of the supreme court. the proviso to rule 3(b) would apply to the retired chief justice of india or the retired chief justice of a high court and the pension which they are in receipt of, apart from the disability or would pension, has .....

National Jute Manufacturing Corporation National Employees Union and o ...

Court : Kolkata

Reported in : [1995(70)FLR758],(1995)ILLJ1089Cal

..... could be made under regulation 40 of the employees' state insurance (general) regulations, 1950. reliance has been placed on several unreported judgments of the delhi and rajasthan high courts, as well as to an order dated april 24, 1985, by which a writ application challenging the extension of coverage under the act was dismissed by a learned judge ..... main grievance of the petitioners was that as a result of the notification they would have to be content with medical benefits of a less satisfactory nature. the supreme court was of the view that this was a question which should be determined under section 10 of the industrial disputes act or if possible under section 74 or ..... enjoying irrespective of the application of the act. the agreement had not been terminated nor replaced by any new agreement. reliance has been placed oh the decision of the supreme court in lic of india v. d.j. bahadur, (1981-i-llj-l). (2) there could be no change in the conditions of service of the employees without .....

Life Insurance Corporation of India and ors. Vs. Amalendu Gupta and or ...

Court : Kolkata

Reported in : (1988)IILLJ495Cal

..... to retrenchment and whether the purportedly retrenched workman is entitled to reinstatement and wages? although these issues were being adjudicated by a labour court and the writ petition was dismissed by the high court, the supreme court allowed the appeal by the workman and observed at p. 343 as follows:there is no dispute that the appellant would be a ..... was the only weapon left in the hands of the employees, when the respondent no. 2 repeatedly failed to comply with repeated orders of the supreme court as also an order of this high court. mr. chatterjee further contended, when a strike is lawful and justified, it is not open to the employer to deduct and/or refuse ..... strike was the only weapon left in the hands of the employees, when the appellant repeatedly failed to comply with the repeated orders of the supreme court and also an order of this high court.6. mr. bholanath sen appeard on behalf of the appellants in support of the appeal and inter alia contended that under the common law .....